Valid from: August 13, 2019
Last modified: June 23, 2021
Welcome to PlayQuantum Ltd (hereinafter referred to as “PlayQuantum”), the company acting and organized under the laws of the Republic of Cyprus, with address: Kolonakiou 39, FREMA PLAZA, Floor 3, Ayios Athanasios, 4103, Limassol, Cyprus, represented by Director Jevgenija Trimailova.
These Terms of Service (hereinafter referred to as the “Terms”) regulate the use of the Services by PlayQuantum Users.
1. Terms and Definitions
As used, these Terms,
1.1. "PlayQuantum", "we", "us", or "our" refer to PlayQuantum Ltd and all companies affiliated with PlayQuantum.
1.2. “PlayQuantum User” or “PlayQuantum Users” refer to the users of PlayQuantum Services.
1.3. “You” or “yours” refer to PlayQuantum Users.
1.4. “Service” or “Services” refer to applications for mobile platforms or devices and web applications, including web applications accessible on third-party social networking services - "SNS" (collectively referred to as "PlayQuantum Applications"), technical solutions implemented by PlayQuantum into mobile and web applications of third parties aimed at application promotion, application analytics, and PlayQuantum Users’ tracking, web-pages of PlayQuantum at application stores (AppStore, Google Play etc.), accounts, pages, and societies of PlayQuantum in social networks (Facebook, Instagram etc.), chats and on-line dialogues implemented by PlayQuantum into PlayQuantum Applications and mobile and web applications of third parties, web domains and subdomains of PlayQuantum and PlayQuantum’s partners using the Services of PlayQuantum, including PlayQuantum.com (collectively referred to as "Sites"), and other web forums or messaging boards in PlayQuantum Applications and our Sites (collectively referred to as "Forums").
“PlayQuantum Applications” refer to applications:
• that were developed by PlayQuantum;
• that were developed by a third party but inside which PlayQuantum implemented technical solutions for application promotion and in-app analytics (including PlayQuantum Users’ tracking and PlayQuantum Users’ behavior analysis);
• that were developed by a third party but regarding which PlayQuantum gave to the third party advice on the technical solutions that should be implemented inside the applications for application promotion and in-app analytics (including PlayQuantum Users’ tracking and PlayQuantum Users’ behavior analysis);
• that were developed by a third party but which were promoted by PlayQuantum through the Internet, including promotion through application stores (AppStore, Google Play etc.), social networks (Facebook, Instagram etc.), promotion through influencers (including but not limited to promotion by video bloggers on YouTube and other kinds of video hosting), promotion by means of Apple Store Optimization – ASO (including but not limited to application icon creation, choice of optimal application name, key words selection for optimal application search, drafting description of the application for application stores, and creating screenshots of the application), and promotion through other applications for mobile platforms or devices and web applications;
• that were developed by a third party but inside which PlayQuantum implemented advertisement of another application for mobile platforms or devices, or web application, including another PlayQuantum Application;
• that were developed by a third party but were published on PlayQuantum’s accounts and pages in social networks (Faceboot, Instagram etc.).
In all cases when PlayQuantum Application was not developed by PlayQuantum, PlayQuantum has exclusive, sole, and sub-licensable right to use such PlayQuantum Application.
1.5. “Intellectual Property Rights” refer to right, title, and interest in and to the Services and PlayQuantum Content; such right, title, and interest cover all intellectual property rights in respect of Services and PlayQuantum Content, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights owned by PlayQuantum, its subsidiaries or PlayQuantum’s licensors that provided PlayQuantum with exclusive, sole, and sub-licensable right to use PlayQuantum Applications.
1.6. “PlayQuantum Content” refers to text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, playquantum or our licensors' trademarks and logos, PlayQuantum Applications, and other content made available by PlayQuantum on or through our Services, including any Customizations but excluding User Content.
1.7. “Customizations” refer to the modifications, designs or enhancements to playquantum Content in playquantum Applications as a result of a Member's or a non-registered user's customization of a virtual character in playquantum Applications using one of PlayQuantum's interactive templates or design tools.
1.8. “Virtual Items” refer to playquantum Content that is purchased, found through use of PlayQuantum Applications, and used in PlayQuantum Applications by PlayQuantum Users for entertainment. Such Virtual Items may include but are not limited to virtual weapon, virtual medical aid kits, virtual natural resources and other items that can be used by PlayQuantum Users free of charge or for a fee.
1.9. “Virtual Currency” refers to PlayQuantum Content that is purchased and used in PlayQuantum Applications for purposes of purchasing and using Virtual Items.
1.10. “Tradable Items” refer to Virtual Items and Virtual Currency that cannot be purchased with real world money.
1.11. “Member” or “Members” refer to PlayQuantum Users who registered and created an In-Game Account on one of the PlayQuantum Applications.
1.12. “In-Game Account” refers to the account created by PlayQuantum User on one of the PlayQuantum Applications.
1.13. “User Content” refers to text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by Members or other PlayQuantum Users on or through our Services.
Please read these Terms carefully because they govern your access to and use of our Services, PlayQuantum Content, and User Content and are legally binding.
2. Providing PlayQuantum with Consent to the Terms
2.1. When you open the downloaded PlayQuantum Application or otherwise obtain access to the Services of PlayQuantum, a dialog box will appear on the screen of your device. The dialog box will contain the following text: “I fully and freely agree with the Terms of Service and Privacy Policy”. The box will also contain the link to the Terms of Service and the button “I accept”. By pushing this button, you express your consent to these Terms.
2.2. The dialog box specified in para.2.1 of the Terms will also contain the text “I confirm that I am 16+ (or holding parental responsibility)”, and the box by ticking which you confirm that you are 16 years of age or more, or that you are a person holding parental responsibility over the PlayQuantum User who is less than 16 years of age and you consent to the use of the Services by such PlayQuantum User.
2.3. The dialog box specified in para.2.1 will also ask you to agree with processing of your personal data. The mechanism of providing PlayQuantum with your consent to processing of your personal data is determined in Privacy Policy of PlayQuantum that you can find by following the link https://PlayQuantum.com/privpolicy
3. Modification
3.1. PlayQuantum reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice.
3.2. If we modify these Terms, we will post these Terms as modified on our Site playquantum.com. By continuing to access or use our Services after we have posted a modification to these Terms, you are indicating that you agree to be bound by the modified Terms. The Terms will be modified at least once per 12 (twelve) calendar months beginning from the date of posting the latest version of these Terms. We encourage you to periodically visit our Site PlayQuantum.com to monitor the updates on these Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
3.3. If you cease using our Services, you have a right to delete your In-Game Account and send us a verifiable request to delete your personal data associated with your In-Game Account. A verifiable request can be sent via our e-mail support@playquantum.com.
3.4. If you send us the request to delete your In-Game Account, you shall mention your username, nickname or login used in In-Game Account, your unique identifier that you used for creating an In-Game Account (for example, Facebook ID, Game Center ID etc.), and any other data that is reasonably needed to identify your personal data associated with your In-Game Account.
4. PlayQuantum License
4.1. Subject to your compliance with these Terms, PlayQuantum hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, and use PlayQuantum Services and PlayQuantum Content that is a part of these Services solely for your personal and non-commercial purposes.
4.2. You may not use PlayQuantum Services and PlayQuantum Content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of AppQunatum or others.
4.3. Notwithstanding any other rights or restrictions in these Terms, you shall not use PlayQuantum Services or PlayQuantum Content to:
4.3.1. violate any laws, third party rights, or PlayQuantum’s Privacy Policy;
4.3.2. copy, modify, host, stream, sublicense or resell Services or PlayQuantum Content except as otherwise explicitly provided in these Terms;
4.3.3. enable or allow others to use your In-Game Account;
4.3.4. circumvent any use restrictions put into place by these Terms or Privacy Policy of PlayQuantum to prevent illegal uses of the Services;
4.3.5. upload or share any User Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
4.3.6. introduce to PlayQuantum Services viruses, worms, Trojan horses, and/or harmful code;
4.3.7. obtain unauthorized access to any computer system that is used by PlayQuantum for managing Services and PlayQuantum Content;
4.3.8. invade the privacy of other PlayQuantum Users;
4.3.9. disrupt, interfere with, or inhibit any other PlayQuantum User from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
4.3.10. misrepresent your identity or use a false e-mail address;
4.3.11. Improperly use in-game support or complaint buttons or make false reports to PlayQuantum staff.
4.3.12. Use information about users publicly available in any PlayQuantum Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
4.3.13. tamper with or obtain illegal access to the Services or PlayQuantum Content;
4.3.14. place an advertisement of any products or services in the Services except with PlayQuantum’s prior written approval;
4.3.15. conduct fraudulent activities; or
4.3.16. collect or harvest information regarding other users of PlayQuantum Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email or for any other reason not specified in these Terms.
4.4. All PlayQuantum Users have a right to provide us with feedback on the Services of PlayQuantum and PlayQuantum’s business activities. The feedback can be sent to our e-mail support@playquantum.com.
4.5. You can freely use our Services only if you are 16 years of age or more. If you are under the age of 16, you shall obtain the consent to the use of the Services from your parent or guardian in accordance with para.2.2 of these Terms.
4.6. The Services of PlayQuantum may contain links to third-party web-sites and resources and other materials of third parties. Because we do not control the content of such web-sites, resources, and other materials, as well as availability of such web-sites, resources or other materials, it is your sole responsibility for and assume all risks arising from your use of any such websites or resources.
4.7. PlayQuantum can offer PlayQuantum Users sweepstakes, contests and similar promotions through the Services. Each promotion may contain special rules of the promotion, and you should carefully review them because they may contain additional important information about PlayQuantum's rights to and ownership of the submissions you make as part of the such promotions and as a result of your participation in such promotions. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control.
4.8. The use of Services is free of charge. However, there can be special in-app purchases implemented into PlayQuantum Applications that provide PlayQuantum Users with additional features and functions, including Virtual Items and Virtual Currency. If you purchase Virtual Items or Virtual Currency, you agree that all such purchases are final. You can refund the purchase price of Virtual Items or Virtual Currency only if such Virtual Items or Virtual Currency become unavailable for you before they are provided to you but after the transaction has been made. Besides, if you are a resident of the European Union and you purchase limited licenses to Virtual Items and Virtual Currency from us, the right to withdraw from such purchases within 7 (seven) working days of the date of purchase ("Cooling Off Period") may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period.
4.9. Violation of these Terms results in deletion or block of your In-Game Account and restriction of your access to PlayQuantum Applications, block or other restriction of your access to the Services that are not PlayQuantum Applications. We have no obligation to provide you with notice on deletion of your In-Game Account or restriction of your access to the Services of PlayQuantum. Your access to the Services can be restored only after you send us a request for restoration of your access to the Services to our e-mail support@playquantum.com, and we take a positive decision to restore your access to Services. We have no obligation to put off the block from your In-Game Account or otherwise restore your access to the Services. We will not reinstate your In-Game Account if there is no technical possibility to do that. 4.10. The measures specified in para.4.9 of this Section do not preclude PlayQuantum from taking other actions needed for protection of PlayQuantum’s rights, including Intellectual Property Rights. In particular, PlayQuantum reserves the right to file a lawsuit against PlayQuantum User who violated these Terms and request for compensating the damages caused by such violation. We can also require you to compensate any loss and damages caused by the lawsuit from a third party that alleged PlayQuantum Services contained User Content or Customizations which violated copyright or other intellectual property laws, and you were the source of such User Content or Customizations. 4.11. If your In-Game Account is deleted by you or by use due to violation of these Terms or due to any other reason, you will also lose all the Virtual Items you purchased and used in PlayQuantum Application on your In-Game Account. You may also lose access to all User Content that you posted, uploaded, created or modified on our Services.4.12. If you send us a request specified in para.4.9 of these Terms, you shall provide us with the information that would allow us to identify your In-Game Account or otherwise identify you as the PlayQuantum User (including but not limited to your unique identifier, your e-mail address, your login or nickname that you use in PlayQuantum Applications and other reasonably needed information).4.13. If other PlayQuantum Users notice that you violate these Terms while using the Services, they can report about your actions that violate the Terms via our e-mail support@playquantum.com. In this case we have the right to take reasonable actions needed to prevent the violations of the Terms by you. If needed, we will block or delete your In-Game Account or otherwise restrict your access to our Services based on the report of another PlayQuantum User and your response that you may provide to us we ask you to do so.
4.14. Please note that if You request Your personal data to be erased as specified in Privacy Policy, You will permanently and without a right to a refund lose all Your Virtual Items. YOU ACKNOWLEDGE THAT PLAYQUANTUM IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT
5. Registration and Creation of In-Game Account in PlayQuantum Applications
5.1. In order to access the full set of features of PlayQuantum Applications, and to post any User Content on or through our PlayQuantum Applications, you must register by creating an In-game Account and become a Member.
5.2. In registering for an In-game Account as a person who is 16 years of age or more, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our PlayQuantum Applications by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.
5.3. During the registration process, you will be required to provide certain information, including, but not limited to:
5.3.1. your email address;
5.3.2. your unique identifier by which you can identify yourself in application store or social network (for example, Facebook ID, Game Center ID);
5.3.3. your nickname that you will use in PlayQuantum Application;
5.3.4. other personal information that is needed for creation of In-Game Account.
During the registration process, you can also be obliged to establish a username or a login and a password from your In-Game Account.
5.4. Please take into account that this list of personal information that you shall provide for creation of an In-Game Account is not full and can be supplemented by the list of other personal data that we collect from you under our Privacy Policy. You can read the text of Privacy Policy by following the link https://playquantum.com/privpolicy
5.5. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your Account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. PlayQuantum reserves the right to refuse registration of, or cancel, a username, in its sole discretion. You can update such information through your In-Game Account by contacting as via e-mail support@playquantum.com.
5.6. You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your In-game Account, and you agree to take sole responsibility for any activities or actions under your In-game Account, whether or not you have authorized such activities or actions. You shall immediately notify PlayQuantum of any unauthorized use of your In-game Account via e-mail support@playquantum.com.
5.7. You have no property rights or interests in your In-Game Account. All In-Game Accounts are property of PlayQuantum. You cannot sell or transfer otherwise your In-Game Account to a third party.
6. Use of PlayQuantum Applications
6.1. PlayQuantum Users who created an In-Game Account and became members have a full set of rights to use PlayQuantum Applications. In particular, Members have a right to:
6.1.1. Play mobile and web games that are PlayQuantum Applications;
6.1.2. Use all the features and functions of both mobile and web games and other PlayQuantum Applications;
6.1.3. Chat with other Members through the chats and on-line dialogues implemented by PlayQuantum into PlayQuantum Applications and mobile and web applications of third parties, and through other Forums of PlayQuantum Applications;
6.1.4. Post, view, upload, create, modify, and comment any lawful User Content in PlayQuantum Applications, including posting, viewing, and commenting by use of the chats, on-line dialogues and other Forums of PlayQuantum Applications to the extent that such actions do not violate other PlayQuantum Users’ rights;
6.1.5. Provide PlayQuantum with feedback and rating on the work and features of PlayQuantum Applications;
6.1.6. Purchase and use Virtual Items and Virtual Currency;
6.1.7. Add lawful Customizations to PlayQuantum Content of PlayQuantum Applications;
6.1.8. Perform other lawful actions that do not violate these Terms or other applicable law.
6.2. If you purchase or use Virtual Items and Virtual Currency, such Virtual Items and Virtual Currency are provided to you solely for your personal and entertainment use. They may only be used in PlayQuantum Applications, and they have no "real world" value. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in PlayQuantum Applications; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.
6.3. The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice. You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency. You can only exchange Virtual Items and Virtual Currency that are Tradable Items for other Tradable Items so long as no real world money or anything of real monetary value is paid or given for such Tradable Items. Any other purported or attempted exchange is strictly prohibited.
6.4. If we find out that you attempted to or transferred your Virtual Items or Virtual Currency to another PlayQuantum User or third party or sold Virtual Items or Virtual Currency for real world money, we will delete your In-Game Account and restrict your access to our Services.
6.5. Some of the PlayQuantum Applications may be used without the creation of In-Game Account. In this case PlayQuantum Users who did not create In-Game Accounts may have less rights than provided in Section 6 of these Terms.
6.6. PlayQuantum Applications are intended solely for your personal and non-commercial use. PlayQuantum may change, suspend or discontinue the PlayQuantum Applications (or any feature thereof) at any time. PlayQuantum may also impose limits on certain features and services offered in connection with the PlayQuantum Applications or restrict your access to parts or all of PlayQuantum Applications without notice or liability. You acknowledge that from time to time PlayQuantum Applications may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which PlayQuantum may undertake from time to time; or (iii) causes beyond the control of PlayQuantum or which are not reasonably foreseeable by PlayQuantum.
6.7. Collection and processing of your personal data related to your use of PlayQuantum Applications as a Member is regulated by our Privacy Policy that you can read by following the link https://playquantum.com/privpolicy
7. In-Game Goods
7.1. Games and applications include virtual in-game currency such as coins, cash and / or diamonds, which can be purchased with real money and, in turn, used to purchase virtual in-game items (“Virtual Items”).
7.2. Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not own them.
7.3. All Virtual Currency and Virtual Items transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency and Virtual Items, You are bound by and agree to the third-party payment providers’ Terms of Use.
7.4. Price and availability of Virtual Items are subject to change without notice.
7.5. PlayQuantum may manage, regulate, control, modify or eliminate available Virtual Items at any time, with or without notice. PlayQuantum may also revise the pricing for the goods and services offered through the Service at any time. PlayQuantum shall have no liability to You or any third party in the event that PlayQuantum exercises any such rights.
7.6. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that have been designated by the U.S. Government as a «terrorist supporting» country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) You are solely responsible for compliance with all applicable laws, including without limitation export and import regulation
8. Use of Other PlayQuantum Services
8.1. Both Members and other PlayQuantum Users have an equal right to use our Services that are not PlayQuantum Applications.
8.2. In particular, all PlayQuantum Users have the right to search and browse through:
8.2.1. Official web-site of PlayQuantum playquantum.com and official web-sites of our partners, subsidiaries and licensors that provided us with exclusive, sole, and sub-licensable right to use PlayQuantum Applications;
8.2.2. Other web-sites belonging to PlayQuantum, its subsidiaries and licensors;
8.2.3. Accounts, pages, and societies of PlayQuantum in social networks (such as Facebook, Instagram, YouTube etc.);
8.2.4. Web-pages of PlayQuantum at application stores (such as AppStore and Google Play);
8.2.5. Forums of PlayQuantum except for Forums implemented into PlayQuantum Applications.
8.3. Furthermore, both Members and other PlayQuantum Users have the right to chat and comment on any User Content through our Services and provide us with feedback and rating on the work and features of PlayQuantum Applications. This right applies to the Services that are not PlayQuantum Applications and to PlayQuantum Applications that do not require creation of In-Game Account.
8.4. Both Members and other PlayQuantum Users have the right to post, view, upload, create, and modify any lawful User Content in or through Services, including posting, viewing, uploading, creation, and modification by use of the accounts, pages, and societies of PlayQuantum in social networks (Facebook, Instagram etc.), chats, on-line dialogues and other Forums and Sites of PlayQuantum and on other Services that do not require creation of In-Game Account. Such actions can be performed by all PlayQuantum Users to the extent that they do not violate other PlayQuantum Users’ rights.
8.5. Collection and processing of your personal data related to your use of PlayQuantum Services as an PlayQuantum User is regulated by our Privacy Policy that you can read by following the link https://playquantum.com/privpolicy
9. Ownership
9.1. Our Services and PlayQuantum Content are protected by copyright, trademark, and other laws of the Republic Cyprus, legal acts of European Union, and other foreign countries laws and regulations. Except as expressly provided in these Terms, PlayQuantum, its subsidiaries, and our licensors exclusively own all Intellectual Property Rights.
9.2. PlayQuantum owns all right, title and interest in and to any Customizations, and you hereby waive any and all rights you may have had in any Customizations under copyright law or otherwise.
9.3. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or PlayQuantum Content.
10. User Content
10.1. By making available any User Content on or through our Services, you hereby grant to PlayQuantum a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of our Services.
10.2. PlayQuantum does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that: you are either the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to PlayQuantum the rights in such User Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or PlayQuantum's use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
11. Compliance with Copyright and Other Intellectual Property Laws
11.1. All User Content that is created, posted, uploaded, viewed, commented on, or modified on or through the Services by PlayQuantum Users, as well as any Customizations provided by PlayQuantum Users in respect of PlayQuantum Applications shall comply with copyright and other intellectual property laws, including Digital Millennium Copyright Act (DMCA), and shall not violate Intellectual Property Rights and intellectual property rights of other PlayQuantum Users. The use of the PlayQuantum Content by PlayQuantum Users shall not violate copyright laws, including Digital Millennium Copyright Act (DMCA), and other intellectual property laws and regulations.
11.2. If you believe someone has uploaded User Content or Customizations to our Services that infringes your copyright or your trademark and violates DMCA, please let us know by sending us an Intellectual Property (IP) infringement notice.
11.3. For copyright notices, the notice must meet all requirements of the DMCA (described below). For trademark infringement notices, person or legal entity must provide PlayQuantum with clear information about the location of the allegedly infringing work, complete information about trademark, and contact information (name, physical address, e-mail address, and telephone number).
11.4. You can send a DMCA Notice, DMCA Counter Notice or Trademark Notice to the following e-mail: support@PlayQuantum.com. You can also send a DMCA Notice, DMCA Counter Notice or Trademark Notice to our address: Kolonakiou 39, FREMA PLAZA, Floor 3, Ayios Athanasios, 4103, Limassol, Cyprus.
11.5. When you send a DMCA Notice, DMCA Counter Notice or Trademark Notice to us, we always provide a copy of your notice to the PlayQuantum User who uploaded the User Content or Customizations you say are infringing.
11.6. If you believe your copyright-protected work was used in our Services without authorization, you may submit a DMCA Notice. It should contain:
11.6.1. A clear description of the copyrighted work infringed;
11.6.2. The uniform resource locator (URL) where the material you claim is infringing is located on our Services, or a description of that location sufficiently detailed for us to find it;
11.6.3. A statement that you have a good faith belief that the use of the content identified in your DMCA notice is not authorized by the copyright owner, its agent or the law;
11.6.4. Your contact information (such as your name, physical address, e-mail address, and telephone number);
11.6.5. A certification, under penalty of perjury, that the DMCA notice is accurate, signed (either electronically or physically) by the copyright owner or the copyright owner’s legal representative; and
11.6.6. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on copyright owner’s behalf.
11.7. Before you file your DMCA notice, please carefully consider whether the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees. If you are unsure whether someone’s use of your copyrighted material amounts to infringement, please contact an attorney.
11.8. If you believe we disabled your content on our Services as a result of an improper copyright infringement notice, you can file a DMCA Counter Notice. PlayQuantum will only take action in response to DMCA Counter Notices that contain all of the following:
11.8.1. A clear description of the material we disabled and the location where it was hosted before disabling;
11.8.2. A statement that you consent to jurisdiction of the Federal District Court for the Southern District of New York and that you will accept service of process from the person who filed the DMCA notice you are responding to or their agent;
11.8.3. Your contact information (such as your name, physical address, e-mail address and telephone number); and
11.8.4. A statement made and signed by you under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
11.9. Before you file your DMCA Counter Notice, please carefully consider whether your use of the material at issue is infringing. If you file a DMCA Counter Notice when your use is infringing, you could be liable for costs and attorneys’ fees. If you are unsure whether your use of the content at issue amounts to infringement, please contact an attorney.
11.10. We process copyright notices in the order they are received. Please note that submitting duplicate DMCA notifications may cause delayed processing.
11.11. Our response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material.
12. Disclaimers
12.1. Our Services and PlayQuantum Content are provided as is, without warranty of any kind, either express or implied.
12.2. Without limiting the foregoing, PlayQuantum explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
12.3. PlayQuantum makes no warranty that our Services, PlayQuantum Content or User Content will meet your requirements or will be available on an uninterrupted, secure, or error-free basis.
12.4. PlayQuantum makes no warranty regarding the quality of any Services or PlayQuantum or User Content purchased or obtained through our Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any PlayQuantum or User Content obtained through our Services.
12.5. No advice or information, whether oral or written, obtained from PlayQuantum or through our Services, PlayQuantum Content or User Content, will create any warranty not expressly made herein.
13. Limitation of Liability
13.1. PlayQuantum is not liable to PlayQuantum User or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if PlayQuantum has been advised of the possibility of the loss or damages), including losses and damages:
13.1.1. resulting from loss of use, data, or profits, whether or not foreseeable;
13.1.2. based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or
13.1.3. arising from any other claim arising out of or in connection with PlayQuantum User’s use of or access to the Services.
13.2. By agreeing to these Terms, you specifically acknowledge that PlayQuantum is not liable for the defamatory, offensive or illegal conduct of other PlayQuantum Users or third parties, and that the risk of injury from the foregoing rests entirely with you further. PlayQuantum will also have no liability for any User Content uploaded to or downloaded from or through the Services.
13.3. In no event will the total liability of PlayQuantum arising out of or in connection with application of these Terms or use of Services exceed 100 (one hundred) U.S. dollars.
13.4. The rules provided in paras.12.1-12.3 of this Section do not apply if imperative rules of applicable law provide otherwise.
14. Applicable Law and Dispute Resolution
14.1. These Terms, their validity, interpretation, modification, and performance are governed by the law of the United Kingdom of Great Britain and Northern Ireland.
14.2. If laws and legal acts of other countries or supranational and international organizations, including, but not limited to, DMCA, California Consumer Privacy Act (CCPA), and General Data Protection Regulation (GDPR) provide that the business activity of PlayQuantum related to providing PlayQuantum Users with access to the Services is governed by these laws and legal acts, and such provisions are peremptory and cannot be avoided by PlayQuantum, such laws and acts apply.
14.3. If an PlayQuantum User has any concern about application of these Terms or does not agree with any of the actions of PlayQuantum related to the application of these Terms or providing PlayQuantum Users with the Services, such PlayQuantum User shall send a claim to PlayQuantum via e-mail support@playquantum.com. PlayQuantum shall response to the claim within 30 (thirty) calendar days after receiving the claim. PlayQuantum sends the response to the claim to the e-mail address of PlayQuantum User that he mentioned in the claim.
14.4. If the PlayQuantum User is not satisfied with the response to the claim, he can resolve a dispute in the state and federal courts located in New York City, USA, in accordance with the subject-matter jurisdiction rules provided by Federal Rules of Civil Procedure and rules of civil procedure of the New York State.
14.5. All other disputes between PlayQuantum and PlayQuantum Users with respect to the application of these Terms shall also be resolved in the state and federal courts located in New York City, USA, in accordance with the subject-matter jurisdiction rules provided by Federal Rules of Civil Procedure and rules of civil procedure of the New York State.
14.6. With respect to disputes determined in para.13.4 and para.13.5 of these Terms both PlayQuantum and PlayQuantum User that has agreed to these Terms waive any objection to jurisdiction and venue in courts specified in this Section of the Terms. In resolving the dispute specified in para. 13.4 and para. 13.5 of the Terms, the court shall apply the law of the United Kingdom of Great Britain and Northern Ireland unless otherwise is explicitly provided by laws and legal acts of other countries application of which cannot be avoided by PlayQuantum.
15. Language
The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only, and the English version shall govern to the extent of any inconsistency.
16. Contacting us
All communication with PlayQuantum regarding the application of these Terms or the use of the Services is conducted through PlayQuantum e-mail support@playquantum.com. You can also send us a mail to our physical address: Kolonakiou 39, FREMA PLAZA, Floor 3, Ayios Athanasios, 4103, Limassol, Cyprus.
We also use the following third-parties' trademarks in our website:
- Apple, the Apple logo, iPhone, and iPad, which are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc.
- Google Play and the Google Play logo are trademarks of Google LLC.
